ML023100125
| ML023100125 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/29/2002 |
| From: | Fogelman M Pacific Gas & Electric Co, Steefel, Levitt & Weiss |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML023100125 (6) | |
Text
-MARK FOGELMAN (State Bar No. 50510)
HARVEY L. LEIDERMAN (State Bar No. 55838)
STEEFEL, LEVITT & WEISS A Professional Corporation.
One Embarcadero Center, 3('gth Floor San Francisco, Califomhia 94111 Telephone: (415)788-0900 Facsimile: (415) 788-2019 Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY 1
2 3
4
.5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 01-30923 DM
!CTRIC Chapter 11 Case corporation,
[No Hearing Scheduled]
btor in Possession.
540 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1-30, 2002 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the "Application") for Allowance and Payment'oof Interim Compensation and Reimbursement of Expenses for the Period September 1-30, 2002 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
The Firm is Special Counsel to the debtor and debtor-in-possession' in the above referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
SLW SEPTEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM W/
5830 6321936 1 1
In Re:
PACIFIC GAS AND ELE COMPANY, a California Debtor and De' Federal I.D. No. 94-0742(
1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.,
Based on its Cover Sheet Applications filed in this proceeding, to date, the Firm owed the following funds held back (excluding amounts owed pursuant to this Application):
-Application Period Amount.
Description 10th (Apr. 1-30, 2002)
$10,585.012 Fees held back and/or portion of fees objected to 1 1th (May 1-31, 2002)
$8,638.63 15% fee holdback and/or portion of fees objected to
'Payment of this amount would result in a "holdback" of $9,881.69.
2 The amount of the holdback for the April 2002 Cover Sheet Application has been reduced slightly from that indicated in previous Cover Sheet Applications ($10,691.41).- Due to a billing error, the numbers contained in the April 2002 Cover Sheet Application, and the totals affected by those numbers, have changed. The Applicant had inadvertently erroneously billed the Debtor the sum of $106.40 in the April 2002 invoice for the Almanor Bell Boat Dock Matter (SL&W Matter 16296). That item has been reversed, and the Debtor's total obligation for fees and costs for April (100% of both) is thus reduced by $106.40 from $73,480.02 to $73,373.62. Subtracting the amount paid for April ($62,788.61) from the total amount owed for April ($73,373.62), the correct amount held back is
$10,585.01, not $10,691.41.
SLW SEPTEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 2
Case No. 01-30923 DM 15830 6321936 1
- 2.
The Firm billed a total of $68,660.10 in fees and expenses during the Application Period. The total fees represent 242.64 hours7.407407e-4 days <br />0.0178 hours <br />1.058201e-4 weeks <br />2.4352e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total September 1-30, 2002
$65,877.92
$2,782.18 68,660.10
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $58,778.41 at this time. This total is comprised as follows: $55,996.23 (85% of the fees for services rendered)' plus $2,782.18 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid April 1-30, 2002
$62,788.61 85% of fees and 100% of Expenses
$62,788.61 May 1-31, 2002
$51,359.66 85% of fees and 100% of Expenses
$51,359.66 June 1-30, 2002
$61,059.67 85% of fees and 100% of Expenses
$61,059.67 July 1-31, 2002
$81,582.16 85% of fees and 100% of Expenses
$81,582.16 Aug. 1-31, 2002
$78,001.96 85% of fees and 100% of Expenses 0.0 TOTAL
$334,792.06
$256,790.10 1
Application Period Amount Description 12th (June 1-30, 2002
$10,429.93 15% fee holdback and/or portion of fees objected to 13th (July 1-31, 2002)
$13,594.61 15% fee holdback and/or portion of fees objected to 14th (Aug. 1-31, 2002)
$13,239.21 15% fee holdback and/or portion of fees objected to TOTAL OwED
$56,487.39 2 1 2
3 4
,5 6
7 8
9
,10
- 11.
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
- 6.
With regard to the copies of this Application served on counsel for the Committee, counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who performed services in connection with this case during the period covered by this Application, the hourly rate for each such professional, and the detailed time and expense statements for the Application Period that comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.
- 7.
The Firm has served a copy of this Application (without Exhibit 1) on theSpecial Notice List in this case.
- 8.
Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on or about February 25, 2002, the Debtor is authorized to make the payment requested herein without a further hearing or order of this Court unless an objection to this Application is filed with the Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day of the month following the service of this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.
The Firm is informed and believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or about October 29, 2002.
- 9.
The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of this case, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of expenses approved by this Court and received by the SLW SEPTEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3
Case No. 01-30923 DM 15830 6321936 1
1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A Professional Corporation By:
Mark Fo lman Attorneys for Special Counsel to Debtor and Debtcr in Possession, PACIFIC GAS AND ELECTRIC COMPANY SLW SEPTEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830 6321936.1 4
Firm (along with the Firm's retainer)'will be credited against such final fees and expenses as may be allowed by this Court.
- 10.
The Firm represents and warrants that its billing practices comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the Firm has any agreement or understanding of any kind or nature to divide, pay over or share any portion of the fees or expenses to be awarded to the Firm with any other person or attorney except as among the members and associates of the Firm.
WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
Date: October 29, 2002 STEEFEL, LEVITT & WEISS
PROOF OF SERVICE 2
I, Anne Ogonowski, declare as follows:
3 I aini employed in'tlie City and Counity of San Francisco, California, over the age of eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT
& WEISS, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On 5
October 29, 2002, I served the within:
6 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF 7
EXPENSES FOR THE PERIOD SEPTEMBER 1-30, 2002 8
on the interested parties in this action by placing a true copy thereof, along with the appropriate Exhibits, in a sealed envelope, addressed as follows:
9 James L. Lopes, Esq.
Paul S. Aronzon, Esq.
10 Jeffrey L. Schaffer, Esq.
Robert Jay Moore, Esq.
Janet A. Nexon, Esq.
Milbank, Tweed, Hadley & McCloy LLP 11 William J. Lafferty, Esq.
601 S. Figueroa Street, 30th Floor Howard, Rice, Nemerovski, Canady, Los Angeles, CA 90017 12 Falk & Rabkin, a P.C.
Three Embarcadero Center, 7th Floor Stephen Johnson, Esq.
13 San Francisco, CA 94111-4065 Office of the United States Trustee 250 Montgomery Street, Suite 1000 14 San Francisco, CA 94104-3401 15 BY OVERNIGHT MAIL: By placing such envelope, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am 16 readily familiar with the practice of Steefel, Levitt & Weiss for collection and processing of overnight service mailings, said practice being that in the ordinary course of business, 17 correspondence is deposited with the overnight messenger service Federal Express for delivery as addressed.
18 and by serving all parties on the Special Notice List (as of _
, 2002), by placing a true copy 19 of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all parties 20 on said Special Notice List, found at:
21 http://Www.canb.uscourts.govlcanblDocuments.nsf/4fa6cc9d77741519882569e50004dce 6/2cb9 cc414857666088256a37005a57da/$FILELOal3ichajal 76ut2cedqO-.pdf 22 A copy of the Special Notice List is attached to the Original Cover Sheet Application.
23 BY MAIL: By placing such envelope, with postage thereon fully prepaid for first class 24 mail, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am readily familiar with the practice of Steefel, Levitt & Weiss for 25 collection and processing of correspondence, said practice being that in the ordinary course of business, correspondence is deposited in the United States Postal Service the same day as it is 26 placed for collection.
27 28 I
15830 6321936.1 PROOF OF SERVICE - 1
1 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
2 Executed on October 29, 2002, at San Francisco, California.
3 5
Anne 0 nowski 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15830 6321936 1 PROOF OF SERVICE - 2